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ROSE STAR ENTERPRISES LIMITED & ANOR v. INDO NIGERIAN BANK LIMITED

(2014) JELR 36431 (CA)

Court of Appeal  •  CA/K/62/2009  •  12 Jun 2014  •  Nigeria

Coram
A. ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Kano State High Court in Suit No. K/651/2004, delivered by Hon. Justice Nuhu Yahaya Galadinci on 6th December, 2007, wherein the lower court entered judgment for the Plaintiff (now Respondent) in the suit, earlier placed on the undefended list. The claim of the Respondent at the trial was made:

"against the Defendants jointly and severally, the sum of N6,028,169.45, plus 22,5% (sic) interest at Bank rate, from the 30th day of September, 2004 till the date of judgment and thereafter 10% interest at court rate, from the date of judgment till final liquidation of the judgment debt. And the cost of action.

Respondent had granted the 1st Appellant financial accommodation, which was later up stamped to N5.5million, and at close of business on 30/9/2004, had risen to N6,028,169.95. The suit was placed on the undefended list for hearing and determination, but the Appellants filed notice of i…

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